Ordinance & Legal Review Committee

AGENDA CITY OF BELLEVILLE - ORDINANCE & LEGAL REVIEW COMMITTEE TUESDAY, NOVEMBER 10, 2015 6:00 CITY HALL COUNCIL CHAMBERS 101 SOUTH ILLINOIS STREET, BELLEVILLE, ILLINOIS 1. CALL TO ORDER BY CHAIRMAN MUSGROVE 2. EXPLANATION OF DISASTER PROCEDURE 3. ROLL CALL ALDERMEN 4. ROLL CALL DEPARTMENTS HEADS 5. PUBLIC PARTICIPATION (2-3 MINUTES PER PERSON) See reverse side 7. APPROVAL OF MINUTES 8-A. Ordinance and Legal Review Meeting –October 13, 2015 8. UNFINISHED BUSINESS 8-A. Status of Codification. 8-B. Consideration to issue a permit for a fireworks display. (Assistant Fire Chief Penet) 8-C. Chapter 14 – Cemeteries fees. (City Treasurer Hardt) 8-D. Consideration of ordinance limiting the sale of single serving containers of beer for Class C liquor licenses. 8-E. Consideration of amended parking of recreational vehicles. (Alderman Ovian) 9. MISCELLANEOUS & NEW BUSINESS 10. EXECUTIVE SESSION 11. ADJOURNMENT (ALL QUESTIONS RELATING TO THE PRIORITY OF BUSINESS SHALL BE DECIDED BY THE CHAIR WITHOUT DEBATE, SUBJECT TO APPEAL)  CITY COUNCIL AGENDA NOVEMBER 10, 2015 PUBLIC PARTICIPATION (2-3 MINUTES PER PERSON) (a) Members of the public may address the City Council in accordance with Section 2.06(g) of the Illinois Open Meetings Act (5 ILCS 120/2.06(g); (b) Public comments are limited to three (3) minutes per speaker; (c) The subject of public comments shall be reasonably related to matters(s) identified on the meeting agenda and/or other city business; (d) Repetitive public comments should be avoided, to the extent practical, through adoption of prior public comment (e.g. agreeing with prior speaker); (e) The following conduct is prohibited during public participation: • Acting or appearing in a lewd or disgraceful manner; • Using disparaging, obscene or insulting language; • Personal attacks impugning character and/or integrity; • Intimidation; • Disorderly conduct as defined in Section 30-1-2 of this revised code of ordinances. (f) Any speaker who engages in such prohibited conduct during public participation shall be called to order by the chair or ruling by the chair if a point of order is made by a sitting alderman. PAGE 2 OF 2  CITY OF BELLEVILLE, ILLINOIS ORDINANCE AND LEGAL REVIEW COMMITTEE CITY HALL COUNCIL CHAMBERS OCTOBER 13, 2015 6:00 PM Alderman Musgrove called the meeting to order. Members present on roll call: Alderman Schmidt, Alderman White, Alderman Musgrove, Mayor Eckert, City Attorney Hoerner and City Treasurer Hardt. Alderman Kinsella and Alderman Galetti excused. PUBLIC PARTICIPATION Michael Hagberg, Belleville, Illinois. Mr. Hagberg addressed an agenda item regarding signs in yards etc. In this case, we can learn from what other communities have done before us rather than rehashing it and trying to come up with a workable solution. This is normally covered in the unified development code of municipalities and Cheyenne, WY was an example that had been used previously. Their sign code has it broken up in to residential and non-residential areas and political signs and ideology signs. They came to the conclusion that in a residential area political signs should be limited to no more than six (6) square feet. There should be no limit to the number of signs on said parcel and there should be no time limit for the amount of time those signs can be displayed. Ideology signs can be no larger than eight (8) square feet, have no limit to the number of signs on a property and also have no limit to the time limit those can be displayed. In non-residential areas they treated political and ideology signs the same but increased the size to say they should have no more than a maximum of thirty-two (32) square feet. Again, with no limit to the number of signs or the amount of time they can be displayed. To address this and many other issues Mr. Hagberg suggested that the aldermen insist the $60,000 in funding to complete the unified development code for the City of Belleville be included in next year’s budget. Allen Schuessler, Belleville, Illinois. Mr. Schuessler stated he has lived at his residence for 40 years and is very concerned with the increased number of abandoned properties in his neighborhood as well as throughout the city. He hopes that the city would become more proactive in trying to do something with these abandoned properties. The property values will decrease if this trend is not changed and people will begin to look at other places to live.  Ordinance & Legal Review Minutes October 13, 2015 In July 2013 his neighbors informed him he was moving out. It became very clear to him that all of a sudden he became the caretaker of that property. He ended up cutting the grass, pulling the weeds, racking the leaves for 1.5 years. With abandonment you see the issue of crime, drugs and vandalism. Fortunately, the vandalism has been minimized until October 6th until when he discovered the back door of the property had been kicked in. The city was contacted and the city responded and secured the property. He took an opportunity while the backdoor was open to do a walk through. The last 20 years of his working career he served as a health and safety officer for an abatement company. They did removal of asbestos, lead and mold. During the walk through he stated it was infested with mold on the ceiling, floors, and walls. In fact, to do a remediation of this property will cost many thousands of dollars. He is requesting this property be considered for demolition. He realizes there is not an endless fund demolishing buildings in the city. However, he hopes if the city becomes more proactive in trying to reduce the number of abandon properties that everyone will benefit. Stewart Lannert, Belleville, Illinois. Mr. Lannert stated he has been living at his residence since 1990-1991 and when he moved in all of the neighbors said they were glad they got someone there that looks like they might be a good neighbor. Mr. Lannert kept a list of all of the people that lived in the home that was still getting mail at the residence. Lindenwood is putting dumpsters and putting rotting garbage which is not sealed which is causing a smell and flies. Raccoons and possums are getting in the dumpster. As for as his property at 20th and Godfrey the safety issue has become somewhat severe. Cars and trucks constantly run through the stop sign. One day an 18 wheeler when rolling through about 50 mph. With the development projects that are going on needs to be watched. The outfit that came into Caseyville bought up the Caseyville Rod and Gun Club and other property. They bulldozed around for a couple of weeks and took off. Doug Parker, Belleville, Illinois Mr. Parker said it is sad when a pedestrian has to walk down the street, trip over sidewalks that need to be fixed and there is litter all over Belleville. He is formerly from Greenville, Illinois and he used to take the prisoners to pick up litter. It would make Belleville a cleaner place. Kyle Anderson, Realtors Association Regarding consideration of limiting signs requested to be cautious with the recent Supreme Court decision in Gilbert, AZ. Requesting the sign size is adequate to be seen on whatever speed limit people are driving one. Page 2 of 6  Ordinance & Legal Review Minutes October 13, 2015 Regarding the demolition requested the city to incentivize investments in the parcel i.e. first time home buyer program. The realtors strongly opposing the stopping of any issuing of rental occupancy permits; however, they are open to discussion. Requests drafting an ordinance to craft a moratorium on issuing. Regarding the parking of recreational vehicle he encourages amending rather than crafting a new ordinance. MINUTES Alderman Schmidt made a motion seconded by Alderman White to accept the minutes of August 12, 2015. All members present voted aye. UNFINISHED BUSINESS Status of Codification City Attorney Hoerner stated he understands the department head have reviewed their respective portions of the existing code. The clerk’s office received an email from the codification service to schedule a meeting to review the comments from the respective department heads. Hopefully that can be scheduled within the next month. Continued discussion on consideration of ordinance banning the sale of iced individual alcoholic beverages in convenience stores, gas stations, and liquor stores Mayor Eckert stated when he met with the liquor license holders approximately four weeks ago he made it clear to them that his interpretation is to ask for a motion to ban the iced individual cans that they are having out front near the register and in the aisles. Alderman Schmidt made a motion seconded by Alderman White have the city attorney draft sample ordinance to ban the sale of iced individual alcoholic beverages in convenience stores, gas stations and liquor stores and bring back to the next ordinance and legal committee for reveiw. Discussion… Alderman White stated the way this is worded is a challenging ordinance to write. Specify how far from the counter the alcohol will be…we cannot leave open for judgment. You also have hard liquor bottles sold at the counters at some liquor stores which can be as dangerous as beer. Alderman White suggests the ordinance come back to committee for review before send to council. Mayor Eckert stated he agrees; however, the bottles are behind the counter. City Attorney Hoerner stated he will bring back sample ordinances to the next meeting. Page 3 of 6  Ordinance & Legal Review Minutes October 13, 2015 All members voted aye. MISCELLANEOUS AND NEW BUSINESS Consideration of amending Chapter 18 Article 2 – Garbage and Refuse. City Treasurer Hardt reviewed his recommended changes with version two with the committee. On page two under 18-2-4 added “and interest” between interest and charges. Clarification was needed that the owner was in fact responsible for user fees and interest as charged due to non- payment of their tenant or themselves. Occupancy Permits…sub-paragraph C- lien rights – correction the number 30 to sixty in front of the number 60. Item 18-2-6 – placing of containers. This contradicts itself. Any property that has four or less is required city services for trash and any property five or above is required to have a dumpster. The reasons for the changes is to clean up the language or lack thereof. Alderman Schmidt made a motion seconded by Alderman White to approve the proposed amendments Chapter 18 Article 2 – Garbage and Refuse. All members voted aye. Consideration to issue a permit for a fireworks display. City Attorney Hoerner stated this was an issue this committee considered 2013 and the draft ordinance from 2013 was included in the packet. If it is the desire of the council to issue a permit to have a fireworks display in the city there must be reasonable rules and must be compliant with rules of the State Fire Marshall. Alderman Schmidt made a motion seconded by Alderman White to table until November and ask Assistant Chief Penet to be present with his recommendation. All members voted aye. Consideration to limit the size of signs (political or otherwise) on property. Alderman Schmidt asked for clarification; City Attorney Hoerner stated this has been researched and there are limitations on what you can do; however, it cannot be content based. You must tread light with the first amendment. With respect to political signs in 2010 there was an amendment to Section 11-13-1 of the Municipal Code that stated that municipalities regulations of signs on residential property were further restricted to provide that other than reasonable restriction as to size no home rule or non-home rule municipality may prohibit the display of outdoor political campaign signs on residential during any period time. The courts are considering virtually everything but size. This will remain as is. No motion required. Page 4 of 6  Ordinance & Legal Review Minutes October 13, 2015 Discussion of removing 1102 LaSalle from demolition list. Mayor Eckert stated Hayes agreed to give a 60 day extension while it is being reviewed. Discussion of Neighborhood Safety Act. Alderman Ovian discussed his recommendation: A. Crime Prevention for Residential Neighborhoods’ in All Eight Wards. B. Foreclosed property means a judgment of foreclosure has been entered in court and is final. C. Abandoned property means non occupied housing for two years or longer. 1. “Abandoned or Foreclosed” properties which have been in existence two years or more be given one hundred and fifty days (150) to rehab their properties or demolish them. To guarantee that the City of Belleville or the resident taxpayer not bear the cost of demolition a “surety bond” must be put up by the owners of the property equal to the cost of demolition. Ward 4 does not have TIF money so a surety bond is necessary. 2. Reasons why Properties when rehabbed or demolished prevent crime in neighborhoods. a. Properties when abandoned or foreclosed present an environment for crime and are fire hazard for neighbors living in the neighborhood. b. Vandalism occurs and can be used as a drug house. c. Abandoned or foreclosed properties deteriorates the integrity of the neighborhood by lowering property values. d. Absentee landlords are not maintaining their properties abusing the City of Belleville to cut their grass and lien their property. City Attorney Hoerner stated under the municipal code there are demolition powers which the city uses to address unsafe property. The city also has the power to go on the property if the city considers being unsafe/abandoning and secure it i.e. board it up. One thing that is not referenced is the ability to have a legal requirement for a surety bond; however, the question will become if it is a valid use of home rule power. Alderman Schmidt made a motion to research and bring back for further discussion with the city attorney’s recommendations. Page 5 of 6  Ordinance & Legal Review Minutes October 13, 2015 Discussion of upgrading occupancy permits. Alderman Ovian stated the city does not have an ordinance in crime free housing to charge the landlord or the owner of the property if they are not following through and evicting. An example, 7009 West Main, which has had six disturbance calls by police. Three out of the six were for the same individual. He is mentally challenged, he is taking medication to not drink, and he has been arrested for indecent exposure and disorderly conduct. The landlord gets money directly paid to him by one of the federal agencies. City Attorney Hoerner stated with respect to crime free housing the burden in crime free housing is on the landlord not the tenant. The background check is not a prohibition against them for renting to a tenant who has a criminal record it is intended to be informational. The city has mimicked what the law already provides in Illinois. Alderman Buettner stated he has a tenant that has been charged with a Class A misdemeanor and he cannot get the person out until there is a conviction so crime free housing is not doing Alderman Buettner any good at all. City Attorney Hoerner stated crime free housing cannot operate with tenant only the landlord. Under the FE&D law states if they commit an act which constitutes a Class A misdemeanor or felony it does not state conviction. Crime free housing for the municipality is not intended to be the vehicle for eviction you still have to go through the courts. Discussion of parking of recreational vehicles. Alderman Ovian proposed what has been established by the City of Granite City and Edwardsville (passed out a handout). Alderman Musgrove discussed the timeframe. Alderman White recommended drafting an ordinance with more stringent language. City Attorney Hoerner stated he will draft an ordinance with Alderman Ovian’s recommendations. Discussion of trash cans at restaurants. Alderman White recommended leaving this on the agenda for the next meeting. ADJOURNMENT Alderman Musgrove adjourned the meeting at 7:20 p.m. ____________________________________ Alderman James Musgrove, Chairman Page 6 of 6  CEMETERIES 14-1-1 CHAPTER 14 CEMETERIES ARTICLE I – CEMETERY BOARD OF MANAGERS 14-1-1 MUNICIPAL CEMETERY. The City of Belleville owns or controls a municipal cemetery (Walnut Hill Cemetery) lying within the corporate limits of this City. 14-1-2 APPOINTMENT OF BOARD. The Mayor, with the advice and consent of the City Council, shall appoint a board of three (3) persons who shall be known as the Cemetery Board of Managers who shall hold their office for a period of two (2) years, or until their successors are appointed. (See 65 ILCS Sec. 5/11- 52.1-2) 14-1-3 POWERS OF BOARD. The Cemetery Board of Managers shall have the powers and authority provided by Chapter 60, Section 130/1 to 130/3 of the Illinois Compiled Statutes. 14-1-4 CARE FUND. The Cemetery Board of Managers are authorized and empowered to receive in trust, (in addition to the gifts, devises and bequests authorized to be received by Chapter 60, Section 130/1 to 130/3 of Illinois Compiled Statutes) the U.S. Government bonds, Series G ($21,000) and Series K ($104,000), being a total of $125,000 in bonds in the "Future Care Fund" of this City now held by the City Treasurer, and the City Treasurer is hereby authorized, empowered and directed to pay over and deliver to the Treasurer of the Cemetery Board of Managers of this City the said bonds, and upon obtaining a receipt therefor, shall be relieved from all responsibility with respect thereto. 14-1-5 MANAGEMENT OF FUND. The Cemetery Board of Managers is hereby authorized and empowered to accept any gift, grant, contribution, payment, devise or bequest, or pursuant to contract, any sum of money, funds, securities or property of any kind, or the income or avails thereof, and to hold the same in trust in perpetuity for the care of its cemetery, or for the care of any lot, grave, crypt or niche in its cemetery; or for the special care of any lot, grave, crypt or niche or of any family mausoleum of memorial, marker, or monument in its cemetery. No gift, grant, devise, bequest, payment or other contribution shall be invalid by reason of any indefiniteness of uncertainty as to the beneficiary designated in the instrument 14-1  CEMETERIES 14-1-5 creating the gift, grant, devise, bequest, payment or other contribution. If any gift, grant, devise, bequest, payment or other contribution consists of non-income producing property, the cemetery authority accepting it is authorized and empowered to sell such property and to invest the funds obtained in accordance with the provisions of the next succeeding paragraph. The care funds authorized by this Article shall be held intact and, unless otherwise restricted by the terms of the gift, grant, devise, bequest, contribution, payment, contract or other authority, in acquiring, investing, reinvesting, exchanging, retaining, selling and managing property for any such trust, shall exercise the judgment and care under the circumstances then prevailing, which men of prudence, discretion and intelligence exercise in the management of their own affairs, not in regard to speculation, but in regard to the permanent disposition of their funds, considering the probable income as well as the probable safety of their capital. Within the limitations of the foregoing standard, the cemetery authority or the trustee of the care funds of the cemetery authority is authorized to acquire and retain every kind of property, real, personal or mixed, and every kind of investment, including specifically, but without limiting the generality of the foregoing, bonds, debentures and other corporate obligations, stocks, preferred or common and real estate mortgages, which men of prudence, discretion and intelligence acquire or retain for their own account. Within the limitation of the foregoing standard, such authority or trustee is authorized to retain property properly acquired without limitation as to time and without regard to its suitability for original purchase. The care funds authorized by this Section may be commingled with other trust funds received by such cemetery authority for the care of its cemetery or for the care or special care of any lot, grave, crypt, niche, private mausoleum, memorial, marker, or monument in its cemetery, whether received by gift, grant, devise, bequest, contribution, payment, contract or other conveyance heretofore or hereafter made to such cemetery authority. Such care funds may be invested with common trust funds as provided in "The Common Trust Fund Act", Chapter 161/2, Section 57, 35 seq. The net income only from the investment of such care funds shall be allocated and used for the purposes specified in the transaction by which the principal was established in the proportion that each contribution bears to the entire sum invested. (See 65 ILCS Sec. 5/11-52.2-1) 14-2  CEMETERIES 14-2-1 ARTICLE II SUPERINTENDENT OF CEMETERIES 14-2-1 OFFICE CREATED. There is hereby created the office of Superintendent of Cemeteries to oversee Walnut Hill Cemetery. (Ord. No. 5145; 11- 01-93) 14-2-2 SUBORDINATES. There shall be as many subordinates appointed to the Superintendent of Cemeteries as shall be determined by the City Council. (Ord. No. 5145; 11-01-93) 14-2-3 APPOINTMENT. The Superintendent of Cemeteries and his subordinates shall be appointed by the Mayor by and with the advice and consent of the City Council at the first regular meeting of the Council in May of each year. They shall constitute the regular Cemetery Department of the City and shall take the oath of office described by law. (Ord. No. 5145; 11-01-93) 14-2-4 DUTIES. The Superintendent of Cemeteries shall perform the following duties: (A) He shall have the general care and custody of Walnut Hill Cemetery. In connection with the City Engineer, he shall lay out all lots and walks and roadways in the Cemetery and preserve a record thereof as may be ordered by the City Council. (B) He shall afford purchasers all the facilities in his power for the inspection of the grounds and all unsold lots. (C) He or his assistant shall be at the Cemetery or at some suitable place designated by them, so that any person desiring to have a person buried may be able to find them. (D) He shall have control of all workmen employed in the Cemetery and oversee the enforcement of all laws, rules and regulations affecting the rights of proprietors or the conduct of visitors. (E) He shall have charge of and keep an account of all property, tools and implements belonging to the Cemetery and shall keep a record of all interments made. (F) He shall keep such books of records, make such reports and perform such other duties appropriate to this office as the City Council may from time to time require. 14-3  CEMETERIES 14-2-5 (G) He shall pay over or cause to be paid over to the City Treasurer monthly or oftener, all moneys that may be received as Superintendent for work done by him or his subordinates at the Cemetery, or that may be received by him from any other source and belonging to the City. (H) He shall duly certify all orders and certificates for expenditures made by him, together with monthly payrolls of employees at the Cemetery. (I) He shall, on resigning or being removed from office, deliver to the City Clerk, all books and papers, registers and all property belonging to the City. 14-2-5 GRAVES. (A) The Superintendent of Cemeteries shall cause all graves in the Walnut Hill Cemetery to be dug at least two (2) feet from the top of the ground on a level at the top of the vault; and graves over five (5) feet long shall not be less than two feet six inches (2'6") from the top of the ground to the top of vault. The graves shall be filled up at least eighteen (18) inches above the level of the ground at the top. (B) Only standard burial boxes or vaults, constructed of reinforced concrete or other such permanent material, shall be installed in graves in the Walnut Hill Cemetery. The burials of deceased premature babies, stillborn babies and deceased children of less than one (1) year of age are excluded from the requirements of this Subsection. (Ord. No. 3303; 08-18-75) (Ord. No. 5145; 11-01-93) (C) Only one (1) body may be buried in any burial lot unless an extra deep burial has been purchased. (Ord. No. 6434; 06-17-02) (D) A limit of two (2) cremations per grave. Cremation container may not be wood. (Must be concrete, industrial plastic, etc.) (E) One (1) full burial with ashes on top is permitted. (F) Infant burial is considered full burial. One (1) ashes permitted on top. 14-4  CEMETERIES 14-3-1 ARTICLE III - FEES AND CHARGES 14-3-1 FEES OR GRATUITIES. A person in the employ of the Superintendent of Cemeteries shall not retain any fee or gratuity for any service connected with the Cemetery or his duties therein. The salary of such person shall be his full compensation therefor. 14-3-2 CARE OF LOTS. (A) (A) The Superintendent of Cemeteries and his Formatted: Font: (Default) Tahoma, 12 pt assistants shall cut the grass on all the graves and lots in Walnut Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Hill Cemetery. The lot owners shall pay a one time fee to the City Alignment: Left + Aligned at: 0.5" + Indent at: for such work in the following amounts: Upon purchase of a new 1.5" grave, 15% of the price of the grave is endowed care. For Graves/ lots in which endowed care is still owed, 15% of the current grave Formatted: Font: Bold cost is due. If owners were enrolled in the seasonal care plan & still owe endowed care, 15% of the current grave cost, less the Formatted: Font: Bold seasonal care paid, would be the amount owed. Formatted: Font: Not Bold Formatted: Font: (Default) Tahoma, 12 pt $400 for a 12-grave lot (full lot) 20' x 20' $200 for a 6-grave lot (1/2 lot) 10' x 20' Formatted: Tab stops: Not at 1.75" + 2.75" $100 for a 3-grave lot (1/4 lot) 10' x 20' $ 50 for a l-grave lot (1/8 lot) 10' x 10' Formatted: Tab stops: 3.5", Left Care will be given these lots and graves so long as there remains a Walnut Hill Cemetery. (B) Those who have previously enrolled under the Seasonal Care Plan at the Cemetery shall pay the following yearly charges: $10 for a 12-grave lot (full lot) 20' x 20' $ 6 for a 6-grave lot (1/2 lot) 10' x 20' $ 4 for a 3-grave lot (1/4 lot) 10' x 20' The Seasonal Care Plan shall no longer be available for lots. (Ord. #3226; 05- 20-74) (C) By applying for perpetual care no applicant shall be relieved of any amounts due and owing for seasonal care for prior years; provided, however, that should any person fail to complete payment under a perpetual care contract within the period provided by the contract, any amounts paid thereunder shall be applied to seasonal care payments due and to become due on the lot or lots covered by the contract. 14-5  CEMETERIES 14-3-3 (D) All three (3) grave lots (10' x 10') to be sold with perpetual care for the sum of Eighty-Five Dollars ($85.00); Thirty-Five Dollars ($35.00) for the lot, and Fifty Dollars ($50.00) for the perpetual care. (CE) The City shall render bills to all lot owners or other persons responsible for the care of lots. If no response is made to the sending of bills, the City will charge all uncollected care charges to these lots. Fees shall be collected before the opening of any grave or the burial of the deceased on any lot where such care fees are in arrears. 14-6  CEMETERIES 14-3-3 14-3-3 CEMETERY FEES. The following shall be paid to the City Treasurer for services performed at Walnut Hill Cemetery. The Mayor may convey, sell and dispose of a grave or burial space for $600.00 800.00 for each grave or burial space including endowed care. (Ord. No. 7245; 04-06-09) (A) Opening Graves for Bodies Except Saturdays and Sundays/Holidays: Direct Burial (Without Service) $700.00 Chapel Service $750.00 Graveside – Tent, grave lining and chairs $800.00 (B) For services specified in (A) on Saturdays $900.00 1000.00 (C) For services specified in (A) on Sundays/ Holidays $950.00 1200.00 (D) Opening of graves for still births, infants below six (6) months, limbs from human beings or ashes from cremated bodies except Saturdays and Sundays/Holidays Direct Burial (Without Service) $300.00 350.00 Chapel Service $320.00 375.00 Graveside – Tent, grave lining and chairs $350.00 400.00 (E) For services specified in (D) on Saturdays $500.00 (F) For services specified in (D) on Sundays/ Holidays $575.00 600.00 (G) Opening of graves for still births, infants below six (6) months, limbs from human beings or ashes from cremated bodies in baby row including the grave except Saturdays and Sundays/Holidays Direct Burial (Without Service) $300.00 Chapel Service $320.00 Graveside – Tent, grave lining and chairs $350.00 (H) For services specified in (G) on Saturdays $500.00 (I) For services specified in (G) on Sundays/ Holidays $575.00 Formatted: Normal, Justified, Tab stops: 0.5", (GJ) For disinterring of still births, infants below six (6) months, limbs Left + 1.5", Left + 5.5", Decimal aligned + Not at 1.75" from human beings or ashes from cremated bodies $300.00 350.00 (HK) For disinterring any and all bodies of persons over the age of twelve (12) years $550.00 700.00 (IL) For disinterring any and all bodies of persons under the age of twelve (12) years $300.00 350.00 (JM) Extra charge for digging a grave extra deep to provide for an additional burial $175.00 200.00 (N) (K) Extra charge for services arriving at the Formatted: No bullets or numbering Cemetery after 3:00 p.m. $175.00 200.00 Formatted: Font: (Default) Tahoma, 12 pt 14-7  CEMETERIES 14-3-4 LATE CHARGES: A late charge of $175.00 200.00 will be added to the cost of a burial if the burial arrangements are not confirmed before 12:00 p.m. on the last working day for a Saturday or Holiday Funeral. A late charge of $175.00 200.00 will be added to the cost of a burial if the burial arrangements are not confirmed before 12:00 p.m. on Friday for a funeral that is before 12:00 p.m. on Monday. A late charge of $175.00 200.00 will be added to the cost of a burial if the burial arrangements are not confirmed before 12:00 p.m. on the last working day before a Holiday for a burial that is before 12:00 p.m. the date after a Holiday. A late charge of $175.00 200.00 will be added to the cost of a burial if the burial arrangements are not confirmed before 12:00 p.m. for a funeral that is scheduled before 12:00 p.m. of the following day. A late charge of $175.00 200.00 will be added to the cost of a burial not confirmed until the day of the burial. Illinois Public Aid burials are accepted. If grave is to be included, Walnut Hill Cemetery will determine the location of the grave. (Ord. No. 7245; 04- 06-09) 14-3-4 FOUNDATION CHARGES. All sizes figured at Forty Cents ($0.40) per inch. Minimum fee for regular markers -- $96.00. Fee for baby markers a maximum of 16 inch -- $55.00. In-ground vases with concrete base installed -- $110.00 Width for grass borders will be and not exceed twenty (20) inches. Foundations for grass borders are figured thirty-six (36) inches deep. Grass borders are required in the 11th Addition plus all future block additions. Walnut Hill Cemetery will finish all grass borders. Standard W/ Grassborder (1) A. 2’-0 x 0-10” x 3’-0 $96.00 $256.00 Formatted: Left, Tab stops: 4", Decimal aligned + Not at 5.5" B. 2’-0 x 1’-0 x 3’-0 $114.00115.00 $256.00 C. 2-0 x 1-8 x 3-0 grass border 192.00 Formatted: Left (2) A. 2’-6” x 0-10” x 3’-0 $120.00 $304.00 Formatted: Left, Tab stops: 4", Decimal aligned + Not at 5.5" B. 2’-6” x 1’-0 x 3’-0 $144.00 $304.00 C. 2-6 x 1-8 x 3-0 grass border 240.00 Formatted: Left (3) A. 3’-0 x 0-10” x 3’-0 $144.00 $352.00 Formatted: Left, Tab stops: 4", Decimal aligned + Not at 5.5" B. 3’-0 x 1’-0 x 3’-0 173.00 $352.00 14-8  CEMETERIES 14-3-4 C. 3-0 x 1-8 x 3-0 grass border 288.00 Formatted: Tab stops: 4", Decimal aligned + Not at 5.5" 14-9  CEMETERIES 14-3-4 (4) A. 3’-6” x 0-10” x 3’-0 $168.00 $400.00 B. 3’-6” x 1’-0 x 3’ $202.00 $400.00 C. 3-6 x 1-8 x 3-0 grass border 336.00 (5) A. 4’-0 x 0-10” x 3’-0 $192.00 $448.00 Formatted: Tab stops: 4", Decimal aligned + Not at 5.5" B. 4’-0 x 1’-0 x 3’-0 $230.00 $448.00 C. 4-0 x 1-8 x 3-0 grass border 384.00 (6) A. 4’-6” x 0-10” x 3’-0 $216.00 $496.00 Formatted: Tab stops: 4", Decimal aligned + Not at 5.5" B. 4’-6” x 1’-0 x 3’-0 $259.00 $496.00 C. 4-6 x 1-8 x 3-0 grass border 432.00 (7) A. 5’-0 x 0-10” x 3’-0 $240.00 $544.00 Formatted: Tab stops: 4", Decimal aligned + Not at 5.5" B. 5’-0 x 1’-0 x 3’-0 $288.00 $544.00 C. 5-0 x 1-8 x 3-0 grass border 480.00 (8) A. 5’-6” x 0-10” x 3’-0 $264.00 $592.00 Formatted: Tab stops: 4", Decimal aligned + Not at 5.5" B. 5’-6” x 1’-0 x 3’-0 $317.00 $592.00 C. 5-6 x 1-8 x 3-0 grass border 528.00 (9) A. 6’-0 x 0-10” x 3’-0 $288.00 $640.00 Formatted: Tab stops: 4", Decimal aligned + Not at 5.5" B. 6’-0 x 1’-0 x 3’-0 $346.00 $640.00 Formatted: Tab stops: 3.63", Left + Not at C. 6-0 x 1-8 x 3-0 grass border 576.00 5.5" (Ord. No. 7245; 04-06-09) 14-10  CEMETERIES 14-4-1 ARTICLE IV - REGULATIONS 14-4-1 IMPROVEMENTS IN WALNUT HILL CEMETERY. (A) All graves in Walnut Hill Cemetery shall be made level. Lot owners shall not plant any growing flowers, such as peonies, rose bushes, sweetpeas, etc., and all growing plants, bushes or offensive objects on graves and lots shall be removed by the Superintendent of Cemeteries or his assistants. (B) All bushes, trees, shrubs, evergreens, plants, etc., shall be removed from that part of each lot in the Cemetery facing an areaway, street or alley, commonly known as the front part of a cemetery lot. (C) The Superintendent of Cemeteries may remove from graves and all bouquets and bouquet holders in excess of one, except on Memorial Day, Christmas Day, Mother's Day and Father's Day. (D) All persons shall be requested to refrain from using glass jars, tin cans, boxes, baskets, or buckets as bouquet holders on graves. (E) All cornerstones shall be placed at ground level or not more than two (2) inches below ground level. (F) All copings, fences, concrete curbing, hedges, etc., on or around any grave or cemetery lot in the Cemetery are declared a nuisance and such copings, fences, concrete curbing, hedges, etc., shall be removed by the Superintendent of Cemeteries and his assistants. (G) No person shall construct, aid in constructing, or cause to be constructed, any curb, coping, rail, fence, trellis or anything similar thereto in the Cemetery, and no person shall plant, aid in planting, or cause to be planted, any bush, shrub, or tree in the Cemetery except with the consent and under the supervision of the Superintendent of Cemeteries. (H) All tombstones in the Cemetery shall be placed in a line to be known as the tombstone line. 14-4-2 SHOOTING AND TRESPASSING. No person shall hunt, discharge a firearm, or otherwise trespass upon Walnut Hill Cemetery or any cemetery in the City. 14-4-3 MALICIOUS MISCHIEF. No person shall carry away or remove, or break, deface, destroy or otherwise injure any monument, tombstone, tree, shrub or flower, railing, fence or any other property, article or thing belonging to Walnut Hill Cemetery or any cemetery within the City or placed or erected therein for ornament or otherwise; or trespass upon or maltreat any grave or lot. 14-11  CEMETERIES 14-4-4 14-4-4 OBSTRUCTING STREETS. No person shall obstruct any street in Walnut Hill Cemetery or any cemetery within the City of excavation, digging graves, or erecting fences or monuments. 14-4-5 WORK FOR HIRE PROHIBITED. No person other than the Superintendent of Cemeteries or other agent or employee of the Superintendent or of the City shall engage in, do, or perform any of the work, services, or labor about or upon any grave, lot, or cemetery ground in Walnut Hill Cemetery which work constitutes the work, services, labor, or duties usually performed by or under the Superintendent. 14-4-6 CLOSING HOURS OF CEMETERY. The gates of Walnut Hill Cemetery shall be closed to visitors during the months of April, May, June, July, August, September, and October at 7:00 P.M., and during the months of November, December, January, February, and March at 5:00 P.M., of each day. Walnut Hill Cemetery will be open from Dawn to Dusk. No person shall be on the cemetery grounds or enclosure after these hours without special permit from the Mayor in writing. 14-4-7 LOCATION OF CEMETERIES. No person shall establish or maintain any cemetery or place for burial purposes within one (1) mile of the City Limits. Walnut Hill Cemetery, with additions, Mount Hope, Mount Carmel, Valhalla Burial Park, Gethsemane of the Oblate Fathers, and the County Farm Cemetery are exempt from the provisions of this Section; but no person shall lay out any addition to any of these cemeteries without first submitting a plat thereof to the City Council for approval. 14-4-8 ONE BODY PER GRAVE. There shall only be one (1) body buried in any grave in Walnut Hill Cemetery unless the grave has been purchased for a double deep burial. No graves shall be sold for a double deep burial from the date of this Section. If a grave deed authorized two (2) bodies to be buried in the same grave, a burial vault must be used for the burial of the first body in the grave. The extra cost for safety for digging a double deep grave shall be paid by the lot owner or person making arrangements for the burial. This shall not apply to the burial of an urn of ashes in a grave site. (Ord. No. 7503; 07-05-11) (Ord. No. 6535; 04-22-03) 14-12  ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 21 (LIQUOR CODE) OF THE REVISED CODE OF ORDINANCES OF BELLEVILLE, ILLINOIS, AS AMENDED, BY AMENDING PORTIONS OF SECTIONS THEREOF THE CITY OF BELLEVILLE, ST. CLAIR COUNTY, ILLINOIS (THE "CITY"), IS A DULY ORGANIZED AND EXISTING MUNICIPALITY CREATED UNDER THE PROVISIONS OF THE LAWS OF THE STATE OF ILLINOIS. THE CITY OF BELLEVILLE IS NOW OPERATING UNDER THE PROVISIONS OF THE ILLINOIS MUNICIPAL CODE, AS SUPPLEMENTED AND AMENDED AND AS A HOME RULE MUNICIPALITY PURSUANT TO ARTICLE VII OF THE ILLINOIS CONSTITUTION OF 1970; AND IN THE EXERCISE OF ITS HOME RULE POWERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BELLEVILLE, ILLINOIS: Section 1. That Section 21-1-8 is hereby amended by repealing said Section 21-1-8 in its entirety, and substituting in lieu thereof the following: 21-1-8 LICENSE CLASSIFICATIONS, FEES, NUMBERS. (A) Such license shall be divided into the following classes: Class “A”, which shall permit the retail sale of alcoholic liquor for consumption on or off the premises where sold and not for resale in any form. The annual fee for such license shall be Five Hundred Fifty Dollars ($5 50.00). The total number of Class "A" licenses shall not exceed fifty-three (53). No Class "A" license shall be issued except to a licensee who actually sells at retail alcoholic liquor for consumption both on and off the premises where sold. Class “B", which shall permit the retail sale of alcoholic liquor for consumption on the premises of restaurants, but not for consumption off the premises of restaurants and not for resale in any form. For the purpose of this Class "B" license, a restaurant is defined to mean a public place kept, used, maintained, advertised and held out to the public, where meals are served and where meals actually are served and regularly served, without sleeping accommodations; such space being provided with adequate and sanitary kitchen and dining room equipment and capacity and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable foods for its guests; it is further provided that a restaurant as herein defined shall mean an establishment which derives more than fifty percent (50%) of its gross sales from the sale of food. The annual fee for such license shall be Five Hundred Fifty Dollars ($550.00). There shall be no limit on the number of Class "B" licenses. (Ord. No. 7089; 03-17-08) Page 1 of 3 At any time during the license period or prior to the renewal of a Class "B" license, the Mayor may order the licensee to produce their accounting records to determine if the licensee is qualified to hold a Class "B" liquor license. The failure of the licensee to produce said records for the Mayor upon request, shall result in the automatic revocation of a Class "B" liquor license. Class "C", which shall only permit the retail sale of alcoholic liquor in sealed packages, but not for consumption on the premises of where it is sold; provided that single-serving containers of beer in a volume of forty (40) fluid ounces or less shall only be cooled/chilled in an electrical refrigeration unit and shall not be displayed for sale within twenty-five (25) feet of the cashier/check-out counter. The annual fee for such license shall be Five Hundred Fifty Dollars ($550.00). The total number of Class "C" licenses shall not exceed fifty (50). The holder of a Class “C” liquor license shall not conduct video gaming under the Illinois Video Gaming Act (230 ILCS 40/1 et seq.). Class "D", which shall permit the retail sale of alcoholic liquor for consumption only on the premises where sold to be issued to a regularly organized club, such sales to be made only to the members of the club. For the purposes of this Code, a "club" is defined to mean a corporation organized under the laws of this State, not for pecuniary profit, solely for the promotion of some common object other than the sale and consumption of alcoholic liquors. The annual fee for such license shall be Four Hundred Dollars ($400.00). There shall be no limit on the number of Class "D" licenses. No Class "D" license shall be issued until the Local Liquor Control Commissioner has satisfied himself that the club applying for the license was actually and in fact, organized for some purpose or object other than the sale or consumption of alcoholic liquor. Class "E", which shall permit the sale or dealing at retail in alcoholic liquor by a religious organization or a not-for-profit organization that does business only intermittently. The annual fee for such license shall be One Hundred Dollars ($100.00). There shall be no limit on the number of Class "E" licenses. Class "F", which shall permit the retail sale of alcoholic liquor for consumption only on premises opened only periodically for the express purpose of providing accommodations for weddings, parties, bingo and other such special events. The annual fee for such license shall be Four Hundred Dollars ($400.00). There shall be no limit on the number of Class "F" licenses. (B) License Classifications, Fees and Numbers. All licenses expire on the first (lst) day of May of each year. License fees are payable in full, in advance, to the Local Liquor Control Commissioner. It shall be unlawful to keep open for business or to admit the public to or permit the public to remain within or to permit the consumption of alcoholic liquor in or upon any premises in which alcoholic liquor is sold at retail during the hours in which the sale of such liquor is prohibited; provided, that where separate defined areas are used for dispensing of food stuffs Page 2 of 3  and alcoholic beverages during the hours designated herein, such specified areas may continue to dispense food stuffs after its authorized closing hour as set forth herein, but shall in no way dispense alcoholic beverages after its authorized closing hour as set forth herein or allow consumption of alcoholic beverages after its authorized closing hour as set forth herein. Section 2. That conflicting Ordinances or pertinent portions thereof in force the time this takes effect are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet, all as provided by law. PASSED by the City Council of the City of Belleville, Illinois, on this 16th day of November, 2015 on the following roll call vote: AYE NAY Joseph Hazel _____ _____ Ken Kinsella _____ _____ Janet Schmidt _____ _____ Michael Buettner _____ _____ Kent Randle _____ _____ Scott Tyler _____ _____ Johnnie Anthony _____ _____ Raffi Ovian _____ _____ Edward Dintelman _____ _____ Phillip Silsby _____ _____ Paul Seibert _____ _____ Bob White _____ _____ Philip Elmore _____ _____ Trent Galetti _____ _____ Roger Wigginton _____ _____ James Musgrove _____ _____ APPROVED by the Mayor of the City of Belleville, Illinois this 17th day of November, 2015. ____________________________________ MAYOR ATTEST: __________________________________ CITY CLERK Page 3 of 3  ORDINANCE NO. ______ AN ORDINANCE AMENDING CHAPTER 52 (TRAFFIC CODE) OF THE REVISED CODE OF ORDINANCES OF BELLEVILLE, ILLINOIS, AS AMENDED, BY AMENDING PORTIONS OF SECTIONS THEREOF THE CITY OF BELLEVILLE, ST. CLAIR COUNTY, ILLINOIS (THE "CITY"), IS A DULY ORGANIZED AND EXISTING MUNICIPALITY CREATED UNDER THE PROVISIONS OF THE LAWS OF THE STATE OF ILLINOIS. THE CITY OF BELLEVILLE IS NOW OPERATING UNDER THE PROVISIONS OF THE ILLINOIS MUNICIPAL CODE, AS SUPPLEMENTED AND AMENDED AND AS A HOME RULE MUNICIPALITY PURSUANT TO ARTICLE VII OF THE ILLINOIS CONSTITUTION OF 1970; AND IN THE EXERCISE OF ITS HOME RULE POWERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BELLEVILLE, ILLINOIS: Section 1. That Section 52.809 is hereby amended by repealing said Section 52.809 in its entirety, and substituting in lieu thereof the following: 52.809 PARKING OF RECREATIONAL VEHICLES. (A) Definitions. “Recreation Vehicle”. A “recreational vehicle” is any motor vehicle or trailer designed and used as a travel trailer, camper, motor home, tent, trailer, boat/watercraft, boat/watercraft trailer, snowmobile, snowmobile trailer, camping trailer or for any other similar purpose. “Front Yard Front”. A yard which is bounded by the sides of the residence, front lot line, and the front of the residence. “Side Yard Side”. A yard which is bounded by the rear of the residence, front of the residence and side lot line. “Rear Yard Rear”. A yard which is bounded by the sides of the residence, rear lot line, and the rear of the residence. (B) Storage. In an area zoned for single family residential purposes, a recreational vehicle may be stored in a garage. Storage outside of the garage, in the front yard or side yard of a residence shall only be allowed upon satisfaction of all of the following conditions: (1) Outside storage shall only be allowed in the driveway and the recreational vehicle must be stored ten (10) feet from the curb line. Outside storage shall also be allowed or in the rear yard if the rear yard is not adjacent to a street;. (2) The parking surface upon which a recreational vehicle is stored shall be continuously maintained free of all debris, trash, grass and weeds at all times; (3) The recreational vehicle stored shall not be used to store trash, debris, garbage, plastic bags or boxes; and Page 1 of 3  (4) No more than two (2) recreational vehicles may be stored outside a single residence at any one time. Outside storage shall not be allowedIt shall be unlawful to store a recreational vehicle in the side yard. (C) Parking on the Street. It shall be unlawful to park any recreational vehicle on a City street unless it is connected to a motor vehicle and for the purpose of loading and unloading of personal property for a period not to exceed forty eighttwenty- four (248) hours. (D) Towing a Vehicle. If the owner of a recreational vehicle is violating this Section and fails to move said recreational vehicle after seven (7) days from the issuance of a notice from the Police Department, said vehicle shall be subject to removal and towing by an authorized tow service. The said recreational vehicle shall be stored by the tow service in a secure area until all penalties, fines and storage costs permitted by State Statute or City Ordinance have been satisfied by payment. (E) Vehicle Registration and Use. All recreational vehicles that are permitted to be parked under this Article must have current registration, title and insurance. Section 2. That conflicting Ordinances or pertinent portions thereof in force the time this takes effect are hereby repealed. Section 3. This Ordinance shall be in full force and effect from and after its passage, approval and publication, in pamphlet, all as provided by law. PASSED by the City Council of the City of Belleville, Illinois, on this 16th day of November, 2015 on the following roll call vote: AYE NAY Joseph Hazel _____ _____ Ken Kinsella _____ _____ Janet Schmidt _____ _____ Michael Buettner _____ _____ Kent Randle _____ _____ Scott Tyler _____ _____ Johnnie Anthony _____ _____ Raffi Ovian _____ _____ Edward Dintelman _____ _____ Phillip Silsby _____ _____ Paul Seibert _____ _____ Bob White _____ _____ Philip Elmore _____ _____ Trent Galetti _____ _____ Roger Wigginton _____ _____ James Musgrove _____ _____ Page 2 of 3  APPROVED by the Mayor of the City of Belleville, Illinois this 17th day of November, 2015. ____________________________________ MAYOR ATTEST: __________________________________ CITY CLERK Page 3 of 3